To,
14/09/2017
Hon’ble Justice Dipak
Misra,
Hon’ble Chief Justice
of India,
Supreme Court of India,
New Delhi
Subject:
Easy and Feasible Judicial Reforms through National Policy and Action
Plan for ICT in the Indian Judiciary.
Reference to the subject mentioned above, we on the behalf of our trust
the Association for Judicial Reforms, India (AJRI), want to humbly submit the
following submissions for kind consideration of lordship for enhancing public
faith and trust on fairness and independency of Judiciary;
1. That
our Trust, Association for Judicial Reforms ,India (AJRI) is working for the
cause of Judicial Reforms by suggesting practical ways to all the stakeholders
of Justice Delivery System based on public experiences and analytical legal
researches.
2. That
as our Trust believes that evolution of present Judicial system within its
jurisdictions is the best suited methodology to bring judicial reforms in
India, we at AJRI work for documenting the public experiences of litigants/lawyers
and synergize these with analytical researches carried out by our researchers,
to suggest only those practical ways which if implemented as per present
Constitutional/Statutory provisions could bring valuable reforms in present
Judicial system.
3. That
public faith and trust on fairness and independency of Judiciary guarantees the equitable and sustainable
development of the society, absence/deterioration of which erodes the natural
rights of all the citizens of democratically ruled societies like India, where as
per National Judicial Data Grid statistics on September 15, 2017, the total
2,56,34,165 numbers of cases are pending in various district courts, means
thereby that at least 15 Crore citizens always remain in judicial loop in India
(an average of three person per case).
4. That
on the basis of experiences of litigants and Advocates, including all stake
holders of Justice Delivery system duly documented by our analytical researches
on “National Policy and Action Plan for Implementation of Information and
Communication Technology (ICT) in the Indian Judiciary” warrants urgent improvisation
for enhancing public faith and trust on fairness and independency of Judiciary.
5. That
majority of litigants and even their lawyers shared that fruits of National
Policy and Action Plan for ICT in Judiciary have not been reached to them as
aimed through this Citizens’ Centric Mission because of fragmentation and
miscommunication amongst its implementing agencies which have become hurdles in
achieving desired aim.
6. That
the first advantage which commoner should get from this mission is that, he
should get the message regarding his next date of hearing on his mobile phone
as an SMS but this simple feature has not become reality for Indian litigants
till date even after passage of after twelve long years of implementation of
this Mission since 2005 in back ground reality that as per the latest report of Telecom
Regulatory Authority of India which says that the Wireless Tele-density India
in the month July 2017 was 92.0 3% and the Urban Wireless Tele-density reported
168.21%, as compare to Rural Wireless Tele-density of 57.04 % during the same
period.
7. That
as per analytical research synchronized with ground reports gathered by our
research team, clearly suggests that even the second largest stake holder of Indian
Judicial System, i.e. the advocates practicing in various district courts have
also not been fully benefited through National Policy and Action Plan for ICT
in Judiciary after investing huge budget in creating ICT Infrastructure and
hiring large number of human resource to run the ICT tools and techniques, as the
simplest ICT linked reform like messaging to them regarding the next date of
hearing of the cases is still a dream.
8. That
the above mentioned situation have arisen because of lack of ground level demands
driven actions to utilize the available infrastructures and human resources,
adding to this, the non-synchronization between technical minds and judicial
minds also creating hurdles in achieving
the common objective, as result of which, the common man is still waiting for availing
the slightest form of the Judicial reforms, like SMS service even after passage
of twelve long years of this mission, our research team has worked on it and
would like to suggest your Lordship that with simple result oriented solution
we may bring some happiness on the face of the common man who is interacting
with Indian Judicial system.
9. That
the above mentioned SMS service to the all litigants and their counsels can be
made practical in District Courts by making e-Court Performa compulsory along
with manual filling in District Courts, in that Performa mobile number
or e-mail address of the litigants and advocates may be made mandatory, which
is not a difficult feature to implement, as per our ground research team
report, the Data Entry Operator in district courts, who enters data into
e-courts data base from district court has to find the mobile Number and e-mail
address of the advocate manually from each and every file, which is a lengthy
process and thus he easily omits to do so to save his time, whereas, he never
finds the mobile number and e-mail address of the litigant in the file on record, instead this if Data
Entry Operator be provide one page e-filing proforma for every new case than he
does not requires to open each and every file manually, thus would make adding
mobile numbers and e-mail addresses of the litigant/advocates easy for him and
rest of work would be automatically performed by computer itself.
10. That
as your lordship knows that the amendment of Order-V of Code of Civil Procedure
through which the services of summons may be transmitted through fax message or
electronic mail service but the same has not been become reality in district courts
as well as in the High Courts, as presently there is no such proforma where
e-mail address of the litigants or their advocates is recorded while filing
case in Courts, thus the solution to this also lies in the suggestion that we
have as humbly submitted in Para 9 of this letter, if implemented would bring
reforms visualized by our
legislature while amending order-V of Code of Civil Procedure.
11. That apart from above
mentioned submissions. It is brought to your kind notice that e-courts websites
in India have not been working properly for more than two months when our
technical team tried to know the reasons behind this, the truth which came out
that, it is only because of not using existing ICT infrastructure properly,
same can be verified by looking into monitoring mechanism reports of e-courts
projects.
Keeping in view Vast
Mobile subscribers base in India and our
above mentioned submissions of Linking Mobile with Justice delivery system
making it as an integral ICT Tool in e-Courts Projects may kindly be considered
as this easy and feasible act not only reduce miscommunication between
advocates and litigants regarding hearing dates of their cases but also may be used
in spreading legal Literacy among citizens in future, in case suggestive
measure are positively implemented in the interest of fairness an independency
of Indian Judiciary, assistance from our side is always at the disposal of one
of fairest and independent justice delivery systems in prevailing world.
Dinesh
Singh Rawat Mrs.
Jatinder Kaur
Trustee
Managing Trustee
Copies to All Hon’ble
Chief Justice of High Courts with humble request for considering of submissions
made in our communication in the interest of Justice.
Dinesh Singh Rawat Mrs. Jatinder Kaur
Trustee
Managing Trustee
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